Legal Opinion

Reeves & Co. v. Russell

North Dakota Supreme Court

Decided May 8, 1914PublishedCited by 44 opinions

Appeal from a judgment of tbe District Court of Stutsman County, Tbe statute as applied by tbe trial court is a retroactive law, impairing the obligations of a contract. Walker, Am. Law, pp. 217-222; Yeatman v. King, 2 N. D. 421, 33 Am. St. Rep. 797, 51 N. W. 728. Acts creating liens cannot be construed retroactively, because they would defeat vested rights. 8 Cyc. 900; National Rank v. Jones, 181 Okla. 560, 12 L.R.A.(N.S.) 310, 91 Pac. 191, 11 Ann.

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Appeal from a judgment of tbe District Court of Stutsman County, Tbe statute as applied by tbe trial court is a retroactive law, impairing the obligations of a contract. Walker, Am. Law, pp. 217-222; Yeatman v. King, 2 N. D. 421, 33 Am. St. Rep. 797, 51 N. W. 728. Acts creating liens cannot be construed retroactively, because they would defeat vested rights. 8 Cyc. 900; National Rank v. Jones, 181 Okla. 560, 12 L.R.A.(N.S.) 310, 91 Pac. 191, 11 Ann. Cas. 1041;. Toledo, D. & P. R. Co. v. Hamilton, 134 U. S. 296, 33 L. ed. 905, 10' Sup. Ct. Rep. 546; Crowther v. Fidelity Ins. Trust & S. D. Co.…

1Opinion of the CourtGoss, J.

Plaintiff corporation brings this action to foreclose its. chattel mortgage upon a threshing engine, and to determine priority of liens thereon, and particularly as against a blacksmith’s lien filed against the engine by Boyle Brothers, defendants. Plaintiff sold the engine to one Russell in 1906, taking a mortgage back, which was duly filed and has been renewed, and admittedly is, and always has been, a valid lien upon the property. On April 11, 1911, Russell wrote plaintiff for its. written consent to a sale of the mortgaged engine, receiving a reply dated April 15, 1911, in effect…

2Cases cited7 opinions

  1. Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
  2. Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
  3. Black v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1897
  4. Ellestad v. Northwestern Elevator Co.North Dakota Supreme Court · 1896
  5. Garr, Scott & Co. v. ClementsNorth Dakota Supreme Court · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Hanson v. Williams CountyNorth Dakota Supreme Court · 1986
  2. Tioga Public School District 15 of Williams County, State of North Dakota v. United States Gypsum CompanyCourt of Appeals for the Eighth Circuit · 1993
  3. Fitzmaurice v. FitzmauriceNorth Dakota Supreme Court · 1932
  4. Vandall v. Trinity HospitalsNorth Dakota Supreme Court · 2004
  5. Parker-Harris Co. v. TateTennessee Supreme Court · 1916

39 more not listed; retrieve them via the Exa API.

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